From August 1, what conditions are needed to separate land plots?

People who want to separate land plots must ensure that the land is not in dispute, has pathways, public transport connections, and reasonable water supply and drainage, according to the 2024 Land Law.

Article 220 of the Land Law 2024, effective from August 1, states new conditions for people to separate or combine land plots, which must ensure the following conditions:

First, the land plot has been issued one of the following types of certificates including land use rights certificate; Certificate of housing ownership and residential land use rights; certification of land use rights, ownership of houses and other assets attached to land or certification of land use rights, ownership of assets attached to land.

Second, the land plot is still within the land use term. The land is not in dispute, has not been distrained or subject to temporary emergency measures by state agencies.

In case the land is in dispute but the area and boundary in dispute can be determined, the remaining area and boundary that is not in dispute can be divided or merged.

Third, the separation and consolidation of plots must have paths, connect to existing public roads, and ensure reasonable water supply, drainage and other necessary needs. If the landowner reserves a part of the land area in the same plot as a walkway, when separating or merging the land plot, he or she does not have to change the use purpose of that part of the walkway area.

In addition, land plots after being divided must ensure the minimum area for the type of land being used according to the regulations of the Provincial People's Committee. If the plot of land to be divided has an area smaller than the minimum, it must be merged with the adjacent land plot at the same time.

In case of changing the use purpose of part of the land plot, the minimum area after dividing the plot must be equal to or greater than the minimum level of the land type after changing the use purpose. For land plots with residential land and other land, it is not required to split the plot when changing the use purpose of a part of the area, unless the user has a need to separate the plot.

It is not allowed to divide the plot in case of dividing land use rights according to the judgment or decision of the Court but the division does not ensure the conditions, area, and size of the plot as prescribed.

Clause 3, Article 220 of the Land Law 2024 also states two additional conditions for land parcel consolidation:

First, the combined plots must have the same purpose, term of use, and form of land rental payment, except in cases where the combined plots have residential land and other land.

Second, if plots of land are merged with different land use purposes, term of use, and form of land rental payment, procedures for changing land use purpose and adjusting term of use must be carried out simultaneously. land, change the form of land rent payment to ensure uniformity.

Provincial People's Committees base on the above regulations and local customs and practices to specify the conditions and minimum area of ​​land separation and consolidation for each type of land.

Thus, compared to the Land Law 2013, the principles when separating and consolidating land plots have been supplemented by the Land Law 2024 in cases where land is involved in a dispute over a part of the area, technical infrastructure conditions of the land plot as well as requirements. demand after plot separation.

According to vnExpress